Howard v. Spencer

Filing 32

ORDER ADOPTING REPORT AND RECOMMENDATIONS for DENYING 9 Motion to Dismiss/Lack of Jurisdiction, filed by Richard Spencer, GRANTING IN PART AND DENYING IN PART 16 Motion for Summary Judgment filed by Richard Spencer. Signed by Judge Alan D Albright. (sm3)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
WACO DIVISION
CAMILLE FRANCIS-HOWARD,
Plaintiff,
v.
RICHARD SPENCER, SECRETARY,
DEPARTMENT OF THE ARMY,
Defendant.

§
§
§
§
§
§
§
§

6:20-CV-00657-ADA-DTG

ORDER ADOPTING MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATION
Before the Court is the Report and Recommendation of United States Magistrate Judge
Derek T. Gilliland. ECF No. 28. The Report recommends that the Motion to Dismiss (ECF No. 9)
be DENIED and the Summary Judgment Motion (ECF No. 16) be DENIED as to Plaintiff’s failure
to accommodate claim and be GRANTED as to all of Plaintiff’s other claims. The Report and
Recommendation was filed on December 5, 2022.
A party may file specific, written objections to the proposed findings and recommendations
of the magistrate judge within fourteen days after being served with a copy of the report and
recommendation, thereby securing de novo review by the district court. 28 U.S.C. § 636(b); Fed.
R. Civ. P. 72(b). A district court need not consider “[f]rivolous, conclusive, or general objections.”
Battle v. U.S. Parole Comm’n, 834 F.2d 419, 421 (5th Cir. 1987) (quoting Nettles v. Wainwright,
677 F.2d 404, 410 n.8 (5th Cir. 1982) (en banc), overruled on other grounds by Douglass v. United
States Auto. Ass’n, 79 F.3d 1415 (5th Cir. 1996)).
Defendant filed objections on December 19, 2022. ECF No. 31. The Court has conducted
a de novo review of the Motions, the responses, the report and recommendation, the objection to
the report and recommendation, and the applicable laws. After that thorough review, the Court is

persuaded that the Magistrate Judge’s findings and recommendation should be adopted and the
parties’ objections overruled.
IT IS THEREFORE ORDERED that the Report and Recommendation of United States
Magistrate Judge Gilliland, ECF No. 28, is ADOPTED.
IT IS FURTHER ORDERED that Defendant’s objections are OVERRULED.
IT IS FINALLY ORDERED that the Motion to Dismiss (ECF No. 9) is DENIED and
the Summary Judgment Motion (ECF No. 16) is DENIED as to Plaintiff’s failure to accommodate
claim and is GRANTED as to all of Plaintiff’s other claims.
SIGNED this 2nd day of June, 2023.

ALAN D ALBRIGHT
UNITED STATES DISTRICT JUDGE